The last thing anyone thinks about when walking down the sidewalk is the possibility of falling and getting hurt. However, these accidents are quite common and are capable of causing significant injury. If you or someone you know has been injured in a sidewalk fall accident, contact the law office of Jacoby & Meyers, LLP NY today. Our experienced team of personal injury lawyers has the knowledge and experience to offer you fine legal representation.
In order to successfully win a sidewalk fall case, you must first be able to prove that a property owner or municipality is at fault. Falling on the sidewalk doesn’t automatically mean that someone else was at fault. You must be able to prove that someone else acted negligently, leading to your fall and injury. Examples of this include slipping and falling on ice or snow on the sidewalk that should have previously been cleared, or tripping and falling due to a crack in the sidewalk, created by lack of upkeep or maintenance by a property owner or municipality workers.
It is important to note, that falling on a public sidewalk can get tricky. This is because laws pertaining to defective conditions on public sidewalks vary from state to state. For example, in some states the law clearly states that it is the responsibility of the local municipality to maintain public sidewalks, automatically making them liable for sidewalk fall accidents. However, in other states, these laws are not stated quite as clearly. It may be determined that a property owner is liable, a municipality is liable, or they both are at the same time.
In the event that a municipality is found liable, there are some important details that should be kept in mind. First, the time period for notifying the proper municipal department of your accident is usually minimal, but may vary slightly. It is imperative to be aware of the laws in your state, as some only allow up to 30 days from the day of the accident to notify the proper department of your city or town’s municipality of your accident. This must be done on paper, and must include details of your accident and the exact location at which it took place. Each state also differs in the monetary amount of damages you are allowed to sue a municipality for. Again, it is crucial to be aware of the exact laws in your state, so you can understand how much money you will be able to recover in losses beforehand.
If you are injured due to a sidewalk fall accident, it is important to gather as much evidence to support your case as possible. Taking pictures is usually the best way to do so in these instances. You’ll want to take pictures of the scene of the accident as soon as possible following your fall, to ensure that you are capturing the scene exactly as it was when you fell. You’ll also want to be able to show any ripped or bloodied clothing you may be wearing, as well as any bruises you’ve obtained. Testimonies of witnesses are also important. Be sure to get their contact information (name, address, telephone number) as well as a written or audio recording of their testimonies.
If you or someone you know has been injured in a sidewalk fall accident, contact the law office of Jacoby & Meyers, LLP NY today. Our team of personal injury professionals will make sure you receive excellent legal representation, while fighting to win back your losses. Call us at (877) 504-5562. You may also email us at [email protected]